Magmatic Ltd v PMS International Group Plc [2014] EWCA Civ 408 (10 April 2014)

[Legal Beagles]

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[Legal Beagles]

Magmatic Ltd v PMS International Group Plc [2014] EWCA Civ 181 (28 February 2014)

This appeal concerns a dispute about the scope of Community Registered Design No. 43427-0001 ("the CRD") for ride-on suitcases for young children.

The claimant ("Magmatic") makes and sells ride-on suitcases under the trade mark Trunki. The defendant ("PMS") imports and sells similar products under the trade mark Kiddee Case. In this action Magmatic asserted that these dealings by PMS infringed the CRD, its UK unregistered design rights in the design of the Trunki and its copyrights associated with the packaging for the Trunki.

The action came on for trial before Arnold J in June 2013. At that point PMS conceded one of the copyright claims but disputed all of the other allegations made against it. It also contended that if the scope of protection of the CRD was broad enough to encompass the Kiddee Case, then the CRD was invalid over an earlier design called the Rodeo.

The trial lasted for four days and in his clear and concise judgment dated 11 July 2013, Arnold J found that PMS had infringed the CRD and the design right in four of the six designs the subject of the claim. The claim for infringement of copyright failed, save in so far as it had been conceded by PMS at the outset of the trial.

On this appeal, brought with the permission of the judge, PMS contends that the judge fell into error in finding infringement of the CRD. It argues that the judge wrongly interpreted the CRD and improperly excluded from his consideration various aspects of the design of the Kiddee Case.

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[Nibbler]

Re: Magmatic Ltd v PMS International Group Plc [2014] EWCA Civ 408 (10 April 2014)

Can't comment on that case apart from to say if I owned PMS International, I think I would change the company name......